[6] New Bills Introduced in Congress[7] EPIC Bookstore / EPIC Crypto Sourcebook[8] Upcoming Conferences and Events [1] Post-CDA: The "Filtering" Debate BeginsWithin days of the Supreme Court's landmark Internet free speechdecision, various approaches are being touted to control and "filter"online content. Sen. Dan Coats (R-IN), a principal co-sponsor of theunconstitutional Communications Decency Act (CDA), announced
hisintention to "construct new legislation that will pass the Court'sconstitutional standard." Coats' effort is supported by the
ChristianCoalition, the Family Research Council, and other proponents of theCDA.

While Coats has not yet described his new legislative proposal, Sen.Patty Murray (D-WA) has spelled out the key provisions of hersoon-to-be introduced "Childsafe Internet Act of 1997." The Murraybill
would adopt the "filtering" and "blocking" approach endorsed bysome opponents of the CDA, and make it a criminal offense to "misrate"websites or "exploit childsafe chat rooms." In a press releasedescribing her proposed bill, Murray specifically mentioned "filtering"software such as Cyber Patrol, Net Nanny and Surf Watch and ratingschemes such as PICS (Platform for Internet Content Selection).

More information about the CDA is available at:

http://www.epic.org/cda/

http://www.firstamendment.org/

[2] ALA Opposes Use of "Filtering" Software in LibrariesThe American Library Association, lead plaintiff in a companion case tothe ACLU/EPIC challenge to the CDA, adopted a "Resolution on
the Use ofFiltering Software in Libraries" at its annual conference on July 2. TheALA said that "The use in libraries of software
filters which blockConstitutionally protected speech is inconsistent with the United StatesConstitution and federal law ...." The
ALA also said that the use ofsoftware violated the Library Bill of Rights.

The ALA defines "blocking/filtering" software to include any mechanismused to restrict access to Internet content based a database
(internalor external to the product) or based on ratings assigned by a thirdparty (as in the PICS scheme).

The text of the ALA resolution follows:

RESOLUTION ON THE USE OF FILTERING SOFTWARE IN LIBRARIES WHEREAS, On June 26, 1997, the United States Supreme Court issued a sweeping re-affirmation of core First Amendment principles
and held that communications over the Internet deserve the highest level of Constitutional protection; and WHEREAS, The Court's most fundamental holding is that communications on the Internet deserve the same level of Constitutional
protection as books, magazines, newspapers, and speakers on a street corner soapbox. The Court found that the Internet *constitutes a vast platform from which to address
and hear from a world-wide audience of millions of readers, viewers, researchers, and buyers,* and that *any person with a phone
line can become a town crier with a voice that resonates farther than it could from any soapbox*; and WHEREAS, For libraries, the most critical holding of the Supreme Court is that libraries that make content available on the
Internet can continue to do so with the same Constitutional protections that apply to the books on libraries' shelves; and WHEREAS, The Court's conclusion that *the vast democratic fora of the Internet* merit full constitutional protection will also
serve to protect libraries that provide their patrons with access to the Internet; and WHEREAS, The Court recognized the importance of enabling individuals to receive speech from the entire world and to speak to
the entire world. Libraries provide those opportunities to many who would not otherwise have them; and WHEREAS, The Supreme Court's decision will protect that access; and WHEREAS, The use in libraries of software filters which block Constitutionally protected speech is inconsistent with the United
States Constitution and federal law and may lead to legal exposure for the library and its governing authorities; now, therefore, be it RESOLVED, That the American Library Association affirms that the use of filtering software by libraries to block access to
constitutionally protected speech violates the Library Bill of Rights.

More information about the ALA Office for Intellectual Freedom isavailable at:

http://www.ala.org/oif.html The Library Bill of Rights is available at:

http://www.ala.org/work/freedom/lbr.html [3] Senate Judiciary Committee Holds Crypto HearingThe Senate Judiciary Committee heard testimony on key recoveryencryption on July 9. Senator Bob Kerrey (D-NE), sponsor of The SecurePublic
Networks Act (S. 909) spoke in support of the need to establishkey escrow encryption across the United States. His views were largelyshared
by the next two witnesses, FBI Director Louis Freeh and NSADeputy Director William Crowell.

However, policy, industry and technical experts raised questions aboutthe key escrow proposal. Kenneth Dam, chair of the National
ResearchCouncil CRISIS panel, said that the federal government should firstdetermine whether key escrow works in federal agencies
beforerecommending its adoption by the private sector. Ray Ozzie, theinventor of Lotus Notes, said that there were sensible applications
forkey escrow in the private sector, but that a law mandating the techniquewould likely increase the risk of computer-related crime.
And PeterNeumann, principal scientist at SRI, said that the inherent complexityof the key escrow proposal raised far-reaching concerns
for networksecurity.

Committee members seemed largely divided over the merits of key escrow.Senators Feinstein and Kyl expressed support for the effort to requirekey escrow, but Senators Ashcroft and Leahy had doubts. Both
Senatorsnoted that there were many inconsistencies in the White House positionon cryptography.

The key person in the key escrow debate will likely be the chairman ofthe Senate Judiciary Committee, Senator Orrin Hatch. He must
decidewhether to move forward with Senator Kerry's legislation or to considerother approaches to promote security and privacy on
the Internet.

More information on recent developments in crypto policy, includingtestimony from the Committee hearing, is available at:

http://www.epic.org/crypto/

The NRC CRISIS report is at:

http://www.nap.edu/readingroom/books/crisis/

[4] European Union Rejects Key Escrow EncryptionA Ministerial Conference on the Global Information Network held in Bonn,Germany concluded this week with a recommendation that Europeancountries move forward with strong cryptography and promote free choiceof
cryptographic services. U.S. officials had quietly lobbied Europeanministers at the EU conference to adopt a statement in support
of keyescrow/key recovery standards. [See next article].

The recommendation followed an opening speech at the conference byGerman Economics Minister Rexrodt in which the Minister called oncountries,
including the United States, to remove restrictions to thedevelopment of strong encryption products.

Information on the GIN conference is available at:

http://www2.echo.lu/bonn/pressrel.html [5] White House Releases "Framework for Global Electronic Commerce"The White House on July 1 released its "Framework for Global ElectronicCommerce." The paper, drafted by a working group coordinated
byPresidential advisor Ira Magaziner, is essentially a rehash of existingClinton Administration positions on information policy issues
such asencryption, privacy and free speech. While much was made of the "freemarket" approach to Internet issues, an actual reading
of the documentshows that the US government will be quite busy promoting new controlson Internet activity.

On the issue of encryption policy, the paper recommends the continuationof controls on the export of encryption products and the adoption
of akey escrow/recovery system that would allow government access to keys.It also notes that the U.S. will continue to attempt to pressure othercountries to adopt key escrow approaches.

On privacy, the working group recommends that industry self-regulationwill provide sufficient protection of consumer privacy. It
modifiesthis stand slightly for childrens' privacy issues by suggesting thatgovernment action may be required unless voluntary solutions
are quicklyoffered. The paper is critical of the efforts of the European Union,where member countries have restricted the flow of personal informationto countries such as the United States, which do not have adequate
legalprivacy protections. The policy paper briefly mentions the possibilityof the "appropriate use" of anonymous systems to protect
privacy.

On content regulation, the paper notes that "unnecessary regulationscould cripple the growth and diversity of the Internet." The workinggroup
recommends that filtering and ratings systems be adopted so thatlaws to restrict content would not be necessary: "to the extent ...
thateffective technology becomes available, content regulationstraditionally applied on radio and television would not need to beapplied
to Internet." The paper notes that the United States intends topromote this position before international bodies.

The Framework for Global Electronic Commercen is available at:

http://www.whitehouse.gov/WH/New/Commerce/

[6] New Bills Introduced in CongressH.R. 1964. Communications Privacy and Consumer Empowerment Actintroduced by Rep. Ed Markey (D-MA) on June 19. The bill would requirethe
Federal Trade Commission and FCC to conduct reviews of privacy andto propose changes in regulations; promote screening software forblocking
online content; order the NTIA to conduct a survey on networksecurity and reliability; and prohibit restrictions on encryption salesin
interstate commerce and any key escrow requirements by federal orstate officials. The bill has been referred to the House CommerceCommittee.

H.R. 1972. Children's Privacy Protection and Parental Empowerment Act of1997. Introduced by Rep. Bob Franks (R-NJ) on June 19. Would
prohibit"list brokers" from selling or purchasing information about childrenwithout written consent of a parent. Would also require
marketers toprovide parents access to information collected about a child andprohibit the use of prison inmate labor to process childrens'
data. Thebill has 30 cosponsors. See the EPIC Kids Privacy Page at:

http://www.epic.org/privacy/kids/

[7] EPIC Bookstore / EPIC Crypto SourcebookThe EPIC Bookstore includes a wide range of books on privacy,cryptography and free speech that can be ordered on-line. Many of thebooks are available at up to 40% off list price.

New titles include:

"Protect Your Privacy on the Internet" by Bryan Pfaffenberger "Digital Cash" by Peter Wayner "Contested Commodities" by Margaret Jane Radin Other popular titles:

"The Right to Privacy" by Ellen Alderman & Caroline Kennedy "Who Knows: Safeguarding Your Privacy in a Networked World" by Ann Cavoukian & Don Tapscott "Applied Cryptography" by Bruce Schneier Also available is the 1997 EPIC Cryptography and Privacy Sourcebook.

The EPIC Alert is a free biweekly publication of the Electronic PrivacyInformation Center. To subscribe, send email to epic-newsepic.org
wihthe subject: "subscribe" (no quotes) or use the subscription form at:

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http://www.epic.org/alert/

The Electronic Privacy Information Center is a public interest researchcenter in Washington, DC. It was established in 1994 to focus
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